The Federal Circuit held a distribution agreement including transfer of title to the distributor and exclusivity in the United States for three years to be an “offer for sale” under the on-sale bar.
In The Medicines…
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The phrase “minimal redundancy” in a patent claim was indefinite under 35 USC § 112 where the patent specification inconsistently described levels of redundancy achieved by its system. Berkheimer v. HP, Inc., No.…
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Considering the patent-eligibility of claims directed to archiving digital assets, the Federal Circuit has affirmed a district court decision invalidating an independent claim under 35 USC § 101 and Alice, while vacatin…
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In Smith & Nephew, Covidien v. Hologic, (Fed. Cir., 2018) the CAFC interpreted the claim phrase “simultaneously rotate, translate, and reciprocate” such that reciprocating includes a translating motion, but is no…
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In In Re: Nordt Development Co., the CAFC vacated the Board’s finding that the claim term “injection molded” was a product-by-process limitation that was not afforded patentable weight.
Claim 1 includes many inst…
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A little less than a year after finding that claims of U.S. Patent No. 6,474,159, directed to an inertial tracking system, were patent-eligible under the Alice abstract idea test, the Federal Circuit has affirmed a decis…
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If you want an example of the kind of patent-eligibility question that is now easy to resolve under the Alice abstract idea test, look to the Federal Circuit’s non-precedential decision in Move, Inc. v. Real Estate All…
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Patent claims directed to “generating a completely automated test to tell computers and humans apart” – i.e., improvements to what you’ve seen on the Internet as “CAPTCHA” – have survived a motion to dismis…
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Upcoming Webinar

Thomas Bejin of Bejin Bieneman PLC will discuss best practices for Ex Parte Patent Appeals. Ex Parte Patent Appeals can be an effective tool to advance prosecution. The webinar will begin with an overview of the Ex Parte Appeal process, including…Register